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UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF WISCONSIN


MILWAUKEE DIVISION
WILLIAM SCHMALFELDT,
Case No. 2:15-cv-01516-NJ
Plaintiff,
v.
SARAH PALMER, ET AL.,
Defendants.
JOINT MOTION FOR EXTENSION OF TIME TO RESPOND TO THE PLAINTIFFS
MOTION FOR SUMMARY JUDGMENT
NOW COME Defendants Sarah Palmer and Eric Johnson, by and through their counsel
Aaron J. Walker, Esq. in the above-styled case for the sole purpose of challenging personal and
subject matter jurisdiction and service of process and without waiving any rights of jurisdiction,
notice, process, service of process, joinder, or venue. They hereby jointly file this Motion for
Extension of Time to Respond to the Plaintiffs Motion for Summary Judgment and state the
following:
1.

On Friday, March 18, 2016, the Plaintiff filed a Motion for Summary Judgment

(Docket #25).
2.

This motion was filed while a Joint Motion to Dismiss Under Rule 12(b)(1), (2),

and (5), and Opposition to Leave to Amend (Docket #11) (hereinafter the First MTD). In
other words, the Plaintiff wants this Court to decide the entire case before it has determined
whether it has jurisdiction over these Defendants or the subject matter of this entire case.
3.

Indeed, the Plaintiff claims that there are a number of undisputed facts when it is

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not yet appropriate to dispute them yet, such as in the form of an answer. That will not be due
until after this Court rules on the First MTD (Docket #11), and then any Motion to Dismiss under
Rule 12(b)(6) filed pursuant to this Courts order of March 3, 2016 (Docket #17). Furthermore,
some of the evidence needed to prove there is a genuine dispute of the evidence might not be
available until discovery is well underway.
4.

Therefore, these Defendants ask for this Court to extend their time to respond

until twenty one days after discovery is complete in this case, if it is not dismissed before then.
This would give these Defendants a full opportunity to develop facts in their favor before the
Plaintiffs motion for summary judgment is decided.

WHEREFORE, this Court should order that the deadline to file any response to the Plaintiffs
Motion for Summary Judgment (Docket #25) is extended until twenty one days after discovery
has concluded, and this Court should provide any other relief that is just and equitable.

Friday, March 18, 2016

Respectfully submitted,
s/ Aaron J. Walker
Aaron J. Walker, Esq.
Attorney for Defendants Johnson and Palmer
Va Bar# 48882
DC Bar #481668
P.O. Box 3075
Manassas, Virginia 20108
(703) 216-0455`
(No fax)
AaronJW1972@gmail.com

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CIVIL L. R. 7(A)(2) CERTIFICATION


In compliance with Civil L. R. 7(a)(2), I certify that no separate supporting memorandum
or other supporting papers will be filed in relation to this opposition.

CERTIFICATE OF SERVICE
I certify that on Friday, March 18, 2016, I served copies of this document on William
Schmalfeldt by email by his consent.
s/ Aaron J. Walker

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Case 2:15-cv-01516-NJ Filed 03/18/16 Page 3 of 3 Document 28

UNITED STATES DISTRICT COURT


FOR THE EASTERN DISTRICT OF WISCONSIN
MILWAUKEE DIVISION
WILLIAM SCHMALFELDT,
Case No. 2:15-cv-01516-NJ
Plaintiff,
v.
SARAH PALMER, ET AL.,
Defendants.
ORDER
Upon consideration of the Joint Motion for Extension of Time to Respond to the
Plaintiffs Motion for Summary Judgment filed by Defendants Palmer and Johnson, and any
other document filed in opposition or support thereto,
IT IS HERBY ORDERED that the deadline to respond to the Plaintiffs Motion for
Summary Judgment (Docket #25) is extended until twenty-one days after discovery is closed, if
this case should get to discovery.

Dated at Milwaukee, Wisconsin, this

day of

, 2016

BY THE COURT

NANCY JOSEPH
United States Magistrate Judge

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